Loading...
HomeMy WebLinkAbout07/11/1985CITY OF APPLE VALLEY Dakota County, Minnesota July 11, 1985 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 11th, 1985, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick; City Administrator Asteson and City Clerk Mueller. ABSENT: None. Mayor Branning called the meeting to order at 8:03 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Holton, seconded by Goodwin, approving the agenda for to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA CONSENT AGENDA MOTION: of Holton, seconded by Goodwin, removing consideration of a variance at 5973 West 126th Street from the consent agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 131 approving and accepting Western Surety Company Bond No. 58142223 in the amount of $50,000 for Honesty and Faithful Performance Blanket Position coverage for City employees in- cluding City Clerk and City Treasurer. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 132 awarding the contract for Project 85-220, Scottsbriar Improvements, to Austin P. Keller Construction, the low bidder, in the amount of $549,907.75. Ayes - 5 - Nays - 0. RES. 1985-131 EMPLOYEES' BLANKET BOND RES. 1985-132 AWARD CONTRACT PROJ. 85-220 FINAL PAYMENT PROJ. 83-14 RES. 1985-133 STOP SIGNS HIRE PARTTIME EMPLOYEES JUNE 24, 1985 MINUTES MOTION: of Holton, seconded by Goodwin, accepting Project 83-14, The Oaks of Apple Valley II Improvements, as final and authorizing final payment on the contract with Encon Utilities in the amount of $3,179.55. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 133 authorizing installation of stop signs on Shoshoni Trail, Sweetwater Drive and Chaparral Drive at, their intersections with Belmont Road. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring the parttime employees as listed in the memo from the City Administrator dated July 8, 1985. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Holton, seconded by Goodwin, approving the minutes of the special meeting of June 24 th, 1985, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 11, 1985 Page 2 MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the special meeting of June 26th, 1985, as written. Ayes - 4 - Nays - 0 (Holton Abstained). JUNE 26, 1985 MINUTES JUNE 27, 1985 MINUTES AUDIENCE DISCN. PUBLIC HEARING TAX INCREMENT DIST. A.V. HEALTH CARE CTR./APT. MOTION: of Holton, seconded by Goodwin, approving the minutes of the regular meeting of June 27th, 1985, as written. Ayes - 5 - Nays - 0. Mayor Branning asked if any one was present to address the Council at this time on any item not on this meeting's agenda. There was no one present to speak. Mayor Branning called the public hearing to order at 8:07 p.m., contin- ued from June 27, 1985, to consider removing part of Lot 1, Block 5, Apple Valley Commercial Addition from Development District No. 1. Mr. Asleson reviewed the proposal to reduce the size of the tax increment district. Approximately four acres would be removed and established as a County HRA district. This would allow tax increment financing to be used for a housing rate reduction program for an apartment complex for the elderly. Mayor Branning asked if there were any comments from the Council and the public. There were none and the hearing was declared closed at 8:11 p.m. MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1985- 134 approving Amendment No. 1 to Development District No. 1 and the tax increment financing plan therefor as related to part of Lot 1, Block 5, Apple Valley Commercial Addition, and confirm- ing Resolution No. 1982-133. Ayes - 5 - Nays - 0. RES. 1985-134 AMEND TAX INCREMENT DIST. Ed Ebach, of Chaparral Drive, said he received a traffic ticket on EBACH COMMENTS Palomino Drive and had asked for an opportunity to comment to the Coun- ON TRAFFIC LAW cil. He believes some traffic laws are being aggressively enforced, ENFORCEMENT but not fairly enforced and explained why he feels that way. People have been stopped and given breathalyzer tests for no apparent reason. Police cars sit on access roads and parking lots and he believes they would be just as effective by being out in the open. A number of tickets were given at Hayes Field recently for parking on the grass and also last year at the Arena at a wrestling tournament during a snow storm for improper parking. He is happy to live in the City, but is concerned about the image it is getting. The laws can be enforced aggressively and fairly and without issuing the number of tickets that have been given. Mayor Branning said the Council has had numerous requests to have traffic laws en- forced throughout the City and have speed limits reduced. The Police monitor various areas throughout the City and it has not been intended to set traps, but to enforce laws. Councilmember Savanick suggested that perhaps Palomino Drive should have more 35 m.p.h, signs than are there now. Councilmember Holton said he understands the comments, but the number of tickets issued in the City have been monitored and are not abnormal for a City of this size. The Mayor also said the parking problems at Hayes Field have been recognized and the City is aware of it and is taking steps to correct it. CITY OF APPLE VALLEY Dakota County Minnesota July 11, 1985 Page 3 Mr. Gretz reported on the progress of the stop sign study at 135th Street and Henna Avenue. Traffic counts are being taken, the City Engineer is preparing cost estimates on redesign of the intersection and the Dakota County Traffic Engineer is reviewing it also. He believes it will be completed by the July 25, 1985, Council meeting. 135th & HENNA STOP SIGNS RES. 1985-135 REQUEST SIGNAL INSTALLATION MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1985- 135 requesting Dakota County to proceed with installation of traffic signals at the intersections of County Road 42 and Galaxie Avenue and Cedar Avenue and 142nd Street in 1986 and reimburse the City for 50 percent by June 30, 1987. Councilmember Holton asked if a third intersection could be added to the request? Mr. Gretz said it must be established that it meets the warrants and these two intersections are the most critical at this time. Funds available will be reviewed and a study and request for another intersection could be done at a later time. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving Amendment No. 1 to the Burnsville-Apple Valley Sanitary Sewer Service Agreement - Cobblestone Manor - related to rates for service which Apple Valley reimburses to Burnsville and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. AMENDMENT 1 BURNSVILLE SEWER AGRMT. RES. 1985-136 RECEPTIONIST JOB DESCRIPTION RES. 1985-137 AWARD CONTRACT PROJ. 85-222 SET SPECIAL MEETING MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1985- 136 amending the 1985 Personnel Plan by establishing the posi- tion of Receptionist in Schedule I, Pay Range 3, and approving a revised job description for the position. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1985- 137 awarding the contract for Project 85-222, Carrollton Storm Sewer, to J. P. Norex, Inc., the low bidder, in the amount of $120,490.14. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, setting a special meeting at 8:00 p.m. on July 15, 1985, to consider approving development agreements for Scottsbriar and Lac Lavon Shores. Ayes - 4 - Nays - 0 (Holton Abstained). Mr. Gretz reviewed the Planning Commission report on the variance request at 5973 West 126th Street. The lot is unusual due to the alignment of 126th Street at the Zoo entrance. MOTION: of Holton, seconded by Goodwin, granting a setback variance for Lot 1, Block 1, Pinecrest, to allow construction to within 11 feet of the north (rear) lot line, subject to erection of a pri- vacy fence along the entire rear lot line, as recommended by the Planning Commission. VARIANCE LOT 1, BLK 1, PINECREST CITY OF APPLE VALLEY Dakota County, Minnesota July 11, 1985 Page 4 Ken Bromund, representing South Suburban Evangelical Free Church, said the Church's lot abuts this lot and it has attempted to stop the building since February be- cause it was too close to the lot line. They are opposed to the variance, but if it is granted, the fence should be installed. Mr. Bromund said he believes the property owner is now planning to build a deck which would infringe even more on the Church parking lot and are concerned the people would use the parking lot. They weuld like the entire perimeter of their lot fenced or at least landscaped as a visual barrier. Mr. Bromund submitted a summary of the written comments for the Council. Councilmember Holton said he believes the fence is appropriate along Lot 1, but the other lots are not a problem and it would be between the Church and the homeowners to fence that area. Carl Tollefson, the builder of the house on Lot 1, said he had met with representa- tives of the Church at the site and they were not all in agreement with a fence. Some of them thought landscaping might be more appropriate. He would prefer a fence only to screen the house and not along the entire lot line. Councilmember Holton said the fence should be along the lot line, 100 feet from the northeast corner, with plantings along the rest of the lot line. Mr. Bromund said the Church would be satisfied with a fence to the end of the parking lot. Mr. Tollefson showed some photographs of the area and the Council discussed the loca- tion of some trees. Mr. Gretz said these areas would need to be measured and Mr. Tollefson agreed this item could be tabled for further review. MOTION:of Savanick, seconded by Goodwin, tabling consideration of the variance until July 25, 1985. Ayes - 3 - Nays - 2 (Branning and Holton). TABLE VARIANCE Mr. Bromund said the City is at fault in creating the problem, in his opinion. They contacted the City early enough to stop the problem but nothing was done at that time. Jim Sheldon, the City Attorney, reviewed the litigation involving FISCHER SAND Fischer Sand and Gravel operations in the City. The matter concerning & GRAVEL the site north of 140th Street (Pit 6) relates to trespass and damage LITIGATION to park property. The matter concerning the site at County Road 42 and Galaxie Avenue melates to a storm water ponding issue. In discussions of the Pit 6 excavation problems, Fischer's concern about the unresolved ponding issue were also discussed. He hasworkedwith Jerry Duffy, Mr. Fischer's attorney, during the week to reach an agreement and they now have a draft of an agreement finalized. Mr. Duffy was present and said he believes they now have an agreement. Mayor Branning asked Math Fischer, who was present, if he agreed. Mr. Fischer said yes he agreed. Mr. Sheldon then reviewed the details of the written draft of the agreement with the Council. It includes preparation of a development plan for the north 40 acres of the Pit 6 site by Fischer, which will be subject to review and approval by the City. Fischer will be allowed to mine up to the fence now installed in Greenleaf Park. A development plan for the park will be approved and the fence will be re- moved by Fischer and the area graded to comply with the plan. This will be done by October 15, 1985. CITY OF APPLE VALLEY Dakota County, Minnesota July 11, 1985 Page 5 Fischer will continue to mine in the north 40 acres for 18 months. There will be no mining along the north boundary and mining in the north 40 acres will be com- pleted except for the southeast corner of it. After the mining is done, Fischer will grade the area to conform to the development plan. The City will dismiss its lawsuits against Fischer. A Notice of Cessation will be filed and dated April 21, 1985, and apply to the west boundary of the north 40 acres. The east boundary will be mined under a separate Notice of Cessation. Fischer will pay for the fence in- stalled in Greenleaf Park. The second part of the agreement applies to the County Road 42 site. It includes discharge of Fischer's claims against the City on the ponding matter. The City will receive a deed for 12 acres of ponding and a temporary easement for another five- acre pond. The discharge on the five-acre pond will be lowered. Fischer will be allowed to enter the City's 12-acre site to remove gravel, discharge water into the pond and retain use and maintain the well on the site. Mr. Sheldon described the ungrouted well and the potential problems involved if it floods. The total ponding dedication for the site, when developed, would be 16 acres. Of this, the 12 acres is being given now and the five-acre pond is temporary. If the five-acre pond is filled, the City will be given another five-acre site. If additional permanent ponding is required when the area develops, beyond the 12 acres given now, up to four more acres will be dedicated, but cash in lieu of dedication will not be required. John O'Neill, Fordham Avenue, asked how the park will be restructured after the mining is done? Mr. Sheldon said Fischer has hired John Shardlow and the City has hired Tim Erkila who will be preparing a plan for the park. It should he available in a couple of weeks. Mr. Sheldon also noted many of the exhibits referred to in the agreement are not yet prepared but will be ready in a short period of time. Mayor Branning asked where the mining would not be completed along the east bound- ary? Mr. Duffy showed a sketch, which will he drawn as an exhibit, with a 200- foot strip across the north boundary, angling southeast and a triangular area on the southeast corner of the north 40 acres in which the mining will not be completed. Mr. Fischer said they are not sure how much gravel is in the area and that is the reason they are not sure mining will be completed, but they hope to be developing the north 40 acres by 1987. Mr. Duffy and Mr. Sheldon said all of the exhibits to the agreement except the de- velopment plan for the 40 acres should be completed in two weeks. The development plan should be ready in six weeks. MOTION: of Goodwin, seconded by Humphrey, approving the Settlement Agreement between the City and the Fischer Sand and Gravel in- terests involving litigation between the parties related to operations on the sites north df 140th Street and at County Road 42 and Galaxie Avenue related to storm water ponding. CITY/FISCHER SETTLEMENT AGREEMENT Councilmember Savanick asked if the northern section of park should be closed by fencing both ends? The Mayor said this would be a separate issue and not part of the agreement being considered. Mr. Fischer said it could be done when the grades are completed and work is about to be done in the park itself. Vote was taken on the motion. Ayes - 4 - Nays,~l (Savanick). CITY OF APPLE VALLEY Dakota County, Minnesota July 11, 1985 Page 6 MOTION: of Humphrey, seconded by Goodwin, authorizing the Mayor and EXECUTE Clerk to execute the Settlement Agreement at this time. Ayes - AGREEMENT 4 - Nays - 1 (Savanick). Math Fischer, the Mayor and City Clerk then signed four copies of the Settlement Agreement (the signature of Ralph Erickson remained to be completed). The Mayor asked whether fencing and closing Greenleaf Park should be considered. Mr. Asleson said the fence now existing cannot be touched until grading is to be done in the park. During the time grading is being done, it might be appropriate. Councilmember Savanick said she believes the park should be closed now. MOTION: of Humphrey, seconded by Savanick, to close Greenleaf Park with CLOSE GREEN- snow fence on either end of the existing fence. Ayes - 2 LEAF PARK (Goodwin and Savanick) - Nays - 3. Motion Failed. The Council received plans for Phase I of the planning work for a cen~! CENTRAL GARAGE tral garage facility prepared by Boarman Architects. Jack Boarman and PLANNING David Kroos were present and reviewed the plans including a site plan for the 20-acre existing site and schematic plans for the building expansion and a separate cold storage building. Mr. Asleson said original cost estimates for the work were $1,000,000 to $1,100,000 including $150,000 for the cold storage building. He believes it can be funded and has begun to research using a lease/purchase financing option. Preliminary figures indicate the project could be funded entirely by the General Fund and Water Fund. Because of other needs, such as improvements to City Hall, he would like to do more research on financing. If the Council agrees, construction plans for the garage facility could proceed. With Park Maintenance vacating the Lac Lavon site next week, the cold storage building is most urgently needed and should proceed first. Mayor Branning said he is concerned about restricting the plans by placing a dollar amount on them. He would like to see the best plans possible for the facility. Mr. Boarman said the plans would be prepared for two contracts; one for site work and the cold storage building and another for the central garage. They will also be preparing a model so the Council will be able to see exactly what is proposed. MOTION: of Holton, seconded by Goodwin, authorizing Boatman Architects to proceed with Phase II of the contract for the Central Main- tenance Garage Facility, preparation of plans and specifications for the construction work. Ayes - 5 - Nays - 0. PREPARE GARAGE PLANS & SPECS. Mayor Branning said he received numerous calls from the public express- 4TH OF JULY ing appreciation for the 4th of July activities. He also received one COMMENTS letter about the location of the fireworks and asked Staff to review it. Police Chief Rivers said instructions for the fireworks indicated a 400-foot clear area was needed to accommodate the display. The Officers had checked the area and the 400-foot distance was maintained. Councilmember Goodwin said, in his opinion, it was the best fireworks display the City has had. CITY OF APPLE VALLEY Dakota County, Minnesota July 11, 1985 Page 7 MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 31091, 43575 through 43651 and 43661 through 43799, in the total amount of $2,142,089.95. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Humphrey, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:02 o'clock p.m.